Legal Opinion

C.C.I., Inc. v. F.Y.L. Contracting, Inc.

District Court of Appeal of Florida

Decided September 12, 1990No. 89-2425Published

1Per curiam

We reverse a final order dismissing a complaint. The dismissal, for failure to state a cause of action, was founded on the trial court’s evaluation of a contract attached to the complaint. The contract uses the term “joint venture” to describe appellant’s relationship with a bonded contractor. Appellant claims to be a subcontractor or materialman, and not a joint venturer, and therefore entitled to assert a claim against the bonding company, American Casualty. We have examined the ' complaint and the exhibit and conclude that it cannot be determined from the face of the pleadings that the…

2Cases cited4 opinions

  1. Tidewater Construction Co. v. Monroe CountySupreme Court of Florida · 1933
  2. McKissick v. BilgerDistrict Court of Appeal of Florida · 1985
  3. Phillips v. United States Fidelity and Guaranty Co.District Court of Appeal of Florida · 1963
  4. Cudlipp v. Blue Chip Laundry, Inc.District Court of Appeal of Florida · 1985

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